the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Litigants in person, adjournments and Article 6

In what appears to be a decision which may add to the recently burgeoning corpus of jurisprudence surrounding the treatment of litigants in person,* the High Court has afforded lenience to an unrepresented party who sought a second adjournment of a trial.   Tan & Anor v Law & Anor (2013) High Court, QBD (unreported, 24/6/13) is a debt claim. The Defendants’ previous contention... [More]

Rugby Playing Personal Injury Fraudster Jailed

David Ribchester pursued a claim for £923,000 arising out of a workplace injury that caused damage to his wrists.  His claim included considerable care on the basis that he was unable to carry out simple tasks such as driving, tying his shoelaces or picking up his daughter.  Surveillance captured footage of him playing rugby, driving his car, carrying his daughter, constructin... [More]

Supreme Court redraws the battle-lines for military claims

Many of you will have seen it reported in the news last week that as a result of the decision of the Supreme Court in Smith & ors v MoD [2013] UKSC 41 service personnel (and their families) will be entitled to sue the Ministry of Defence for deaths and injuries sustained whilst on active service outside the UK. It was that result of the decision which grabbed the headlines. But as so often, th... [More]

easyCourts: the future of British Justice?

As anyone who’s flown budget will know, it’s the “extras” where they get you. Whether it’s priority boarding, a window seat or those neck cushions that (if anything) make sleeping more uncomfortable, a section of the market will always pay more for an improved service, however marginal the improvement.    Until now the court service has been off-limits to pr... [More]

A no fault system for NHS claims: perhaps it might be a good thing...?

Ever since I started in practice more than 10 years ago the spectre of a "no fault" system to deal with claims against the NHS has been hanging over those of us who practice in clinical negligence.  My reaction over the years, without much clear reflection, has been that this would be a bad thing, encouraging unmeritorious claims.  Acting, as I do, for both claimants and defendants I hav... [More]

Jackson: when is a deadline for an order not 'written in stone'?

The case of Re Atrium Training Services Limited [2013] EWHC 1562 (Ch) is the latest judgment from the High Court which considers the new rules. The judge was faced with an application to extend time to comply with a court order for a massive disclosure exercise. This came against a background of a history of breaches of a timetable set by the court. The judge underlined the strictness of the new r... [More]

What is a Witness Statement?

What is a witness statement? What is it for? And what should it contain?   These are all questions which ought to be simple-enough to answer. However frequently it appears to those involved in litigation that the simple-enough answers are not always correct! Witness statements not infrequently go wildly beyond the confines of a lay witness’s actual knowledge of proceedings; opinions an... [More]

Caselaw since 1st April 2013 - leopards and spots?

  The case of Venulum Property Investments Ltd v Space Architecture Limited [2013] EWHC 1242 (TCC) concerned a relief from sanctions application under r. 3.9. The decision was in fact made under the old rules because the application was made prior to 1st April 2013 but the judge (Edwards-Stuart J) took the new regime into account concluding: “In my judgment, when the circumstances are c... [More]

Personal Injury Overseas and the Problem of Jurisdiction

Michael Wink v Croatio Osiguranje DD [2013] EWHC 1118 (QB) (Haddon-Cave J)   This case arose out of a road traffic accident in Croatia on 5 September 2009. The Claimant, a UK national domiciled in England, was on holiday with his wife when the accident happened. He was cycling along a street when he was struck by a Honda driven by a Croatian national. The Claimant was thrown in the air and su... [More]


In Onay v Brown [2009] EWCA Civ 775, the Defendant car driver admitted liability and consented to the entry of judgment against him,  the sole remaining issue on liability being whether the Claimant motorcyclist was speeding and/or failing to keep a proper lookout and was therefore contributorily negligent. 25 days before trial the Defendant offered to settle on the basis that the Claimant ... [More]